SRI DURUGANNA S/O. HANUMANTHAPPA vs STATE OF KARNATAKA

Court
Karnataka High Court

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD



TH
DATED THIS THE 27 DAY OF OCTOBER, 2026

BEFORE


THE HON'BLE MR. JUSTICE VENKATESH NAIK T

CRIMINAL PETITION NO.102946 OF 2026

(482(Cr.PC)/528(BNSS)

BETWEEN:

1. SRI DURUGANNA
S/O. HANUMANTHAPPA,
AGED ABOUT 23 YEARS,
TH
R/AT: 7 WARD,
BALLARAPPA COLONY,
BALLARI DISTRICT-583101.

2. SRI DANAREDDY,
S/O. VEERA REDDY,
AGED ABOUT 23 YEARS,
TH
R/AT: 7 WARD,
BALLARAPPA COLONY,
BALLARI DISTRICT-583101.

3. SRI ANANDA S/O. GOVINDA,
AGED ABOUT 20 YEARS,
TH
R/AT: 7 WARD,
BALLARAPPA COLONY,
BALLARI DISTRICT-583101.

4. SRI HANUMANTHAPPA
S/O. LATE SURAPPA,
AGED ABOUT 52 YEARS,
TH
R/AT: 7 WARD,










Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD

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BALLARAPPA COLONY,
BALLARI DISTRICT-583101.
…PETITIONERS
(BY SRI MAHAMMADALI, ADVOCATE)

AND:

1. STATE OF KARNATAKA,
REP. BY ITS S.P.P.,
HIGH COURT OF KARANTAKA,
DHARWAD BENCH-580011,
(THROUGH APMC YEARD POLICE STATION, BALLARY).

2. SRI MOHAMMAD RAFI,
POLICE INSPECTOR,
AGED ABOUT 44 YEARS,
APMC YARD, POLICE STATION,
BALLARI DISTRICT-583101,
(ITS REPT. BY SPP,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH).
…RESPONDENTS
(BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP)

THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C.
(U/S.528 OF BNSS, 2023), PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.926/2026 IN (CRIME NO.29/2026)
REGISTERED BY THE RESPONDENT APMC YARD POLICE STATION,
BALLARI, FOR THE OFFENCES PUNISHABLE U/S.78(3) OF
KARNATAKA POLICE ACT, 1963. AS PER ANNEXURE-F, NOW THE
ND
CASE IS PENDING ON THE FILE OF THE 2 ADDL. CIVIL JUDGE
(JR.DN.) AND JMFC BALLARI, IN THE ENDS OF JUSTICE.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL ORDER
Learned High Court Government Pleader accepts notice for
the respondent-State.

2. Heard Sri.Mahammadali, learned counsel for the
petitioners and Sri.Praveena Y.Devareddiyavar, learned High
Court Government Pleader for respondent-State.

3. Petitioners/accused Nos.1 to 4 have filed this
petition under Section 528 of BNSS (Section 482 Cr.P.C)
seeking to quash the entire proceedings initiated against them
in connection with crime No.29/2026 of APMC Yard Police
Station, Ballari, which is registered in C.C.No.926/2026,
pending on the file of learned II Additional Civil Judge and
JMFC, Court, Ballari, registered for the offence punishable
under Section 78(3) of the Karnataka Police Act, 2021
(“K.P.Act” for short).

4. The brief facts of the case of prosecution are as
under:
On 29.01.2026, the defacto complainant received a
credible information about some persons playing Matka game

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beside the Mastan’s house near Garib Nawaz Colony, Ballari.
Hence, the defacto complainant secured his sub-staff and
panches and conducted a raid and seized cash of Rs.20,820/-,
matka chit, one ball pen, two mobile phones, two empty boxes
under the panchanama and lodged the complaint. Based on the
complaint, the SHO registered the case. The matter was
investigated and the Investigating Officer has filed the charge
sheet.

5. Taking exception to the same, the petitioners have
preferred this petition.

6. Learned counsel for the petitioners, reiterating the
grounds urged in the petition would contend that respondent –
police have not followed the procedure as is contemplated
under Section 174 of BNSS, 2023 and sought for quashing of
the criminal proceedings.

7. Per contra, learned High Court Government Pleader
supports registration of the case and filing of the charge sheet.

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8. In order to appreciate the rival contentions of the
parties, it is just and necessary for this Court to cull out Section
174 of BNSS, 2023, which reads as under:
“ 174. Information as to non-cognizable cases
and investigation of such cases .
(1) When information is given to an officer in
charge of a police station of the commission within the
limits of such station of a non-cognizable offence, he
shall enter or cause to be entered the substance of the
information in a book to be kept by such officer in such
form as the State Government may by rules prescribe in
this behalf, and,-
(i) refer the informant to the Magistrate;
(ii) forward the daily diary report of all such cases
fortnightly to the Magistrate.
(2) No police officer shall investigate a non-
cognizable case without the order of a Magistrate having
power to try such case or commit the case for trial.
(3) Any police officer receiving such order may
exercise the same powers in respect of the investigation
(except the power to arrest without warrant) as an
officer in charge of a police station may exercise in a
cognizable case.
(4) Where a case relates to two or more offences
of which at least one is cognizable, the case shall be
deemed to be a cognizable case, notwithstanding that
the other offences are non-cognizable.”


9. On careful consideration of the above provision, it is
crystal clear that whenever an information is received by an
officer in-charge of the police station within whose jurisdiction a

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non-cognizable offence has been committed, he is bound to
enter or cause to be entered the substance of the information
in a book to be kept in the police station as the State
Government may prescribe in the rules.

10. Later on, the informant should be referred to the
Magistrate for obtaining necessary permission. It is also
incumbent on the SHO to forward the daily diary report of all
such cases fortnightly to the Magistrate.

11. Sub-Section 2 of Section 174 of BNSS, 2023 creates
an embargo on the police officer not to investigate such
matters, where non-cognizable offence is made out without an
order by the jurisdictional Magistrate, who has got power to try
such offence or commit the case for trial.

12. Jurisdictional Magistrate, based on the
report/complaint may consider the contents of the complaint or
report and thereafter permit the police to investigate the
matter by passing an order in writing.

13. Thereafter, on receipt of the such an order by the
jurisdictional Magistrate, the police should register a case and

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investigate the matter as an officer in-charge of the police
station, except arresting the person involved in the said case
without arrest warrant and file appropriate report as is
contemplated under Sub-Section 3 of Section 174 of BNSS,
2023.

14. Further, Sub-Section 4 of Section 174 of BNSS,
2023 would contemplate a situation where the case relates to
two or more offences of which any one of the offence is
cognizable, the whole incident is to be treated as an incident
where cognizable offence has taken place and without following
the procedure as is contemplate in Sub-Sections 1 to 3 of
Section 174 of BNSS, 2023, the concerned SHO may register
the case and investigate the matter as if it is a cognizable
offence notwithstanding the fact that other offences are non-
cognizable in nature.

15. In the instant case, the defacto complainant
received information on 29.01.1996 at 01:30 p.m. and
immediately he conducted raid, mahazar was drawn, arrested
the petitioners, and on the same day at 03:30 p.m. he lodged
the complaint. Whereas the Investigating Officer/SHO sought

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permission on 05.02.2026 from the jurisdictional Magistrate
and on the same day i.e., on 05.02.2026, the permission was
sought. By that time, the substantial investigation was
conducted by the Investigating Officer without any permission.

16. Therefore, without following the procedure as is
contemplate under Section 174 of BNSS, 2023, the SHO has
not only registered the case but investigated the matter and
filed the charge sheet. The same is not in accordance with law
and therefore, the impugned criminal proceeding has to be
quashed.

17. Accordingly, this court proceeds to pass the
following:
ORDER

(i) The criminal petition is hereby allowed .

(ii) The proceedings initiated against the
petitioners/accused Nos.1 to 4 in connection with
crime No.29/2026 of APMC Yard Police Station,
Ballari, which is registered in C.C.No.926/2026,
pending on the file of learned II Additional Civil

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Judge and JMFC, Court, Ballari, registered for the
offence punishable under Section 78(3) of the
Karnataka Police Act, 2021, is hereby quashed.

In view of the disposal of the main petition, pending I.A’s, if
any, stand disposed off.

Sd/-
(VENKATESH NAIK T)
JUDGE

MBS /CT-AN
List No.: 1 Sl No.: 32